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STONER v. STATE

No. 56406.

585 S.W.2d 750 (1979)

Penni STONER and Alex Martinez, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied September 19, 1979.

Attorney(s) appearing for the Case

Laird Palmer, Joseph D. Martinec, Austin, for appellant.

Ronald P. Earle, Dist. Atty. and Charles E. Hardy, Asst. Dist. Atty., Austin, Robert Huttash, State's Atty., Austin, for the State.

Before DALLY, W. C. DAVIS and CLINTON, JJ.

Rehearing En Banc Denied September 19, 1979.

OPINION

DALLY, Judge.

Appellants were jointly indicted, tried, and convicted for theft of property having a value of $200 or more but less than $10,000. Punishment for each appellant was assessed at imprisonment for two years, probated.

Appellants contend that the indictment is fundamentally defective, that there is a fatal variance between the indictment and the proof, that the evidence is insufficient...

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